Landau Injury Law

Drunk drivers who cause harm to others, shop lifters and other non-violent criminals should "do time" in public punishment, like these stocks in Colonial Williamsburg

Call him “old fashioned,” but Herndon injury lawyer Doug Landau likes the idea of “Public Punishment” rather than private penalties and fines.  For shoplifter and other convicted non-violent criminals, the former prosecutor believes that public display may help prevent future misconduct.  Since recidivism is a problem with minor criminals who do not serve long jail sentences, public punishment, rather than merely paying a fine, ticket or court costs, may help deter future misconduct.   Landau was particularly interested in a Florida judge’s sentencing shoplifters to carry a sign in front of the store that they stole from as part of their punishment.

A Putnam County judge sentences Defendants guilty of shoplifting to a public punishment.  This sentence allows everyone to read that the Defendant broke the law. Judge Peter Miller sentences Defendants to carrying a sign saying, “I Stole From A Local Store”.  According to the Jacksonville News story, it is a punishment Miller has used for many years. Channel 4 spoke to him about the punishment a few years ago, and he’s still doing it now.  ”They hate it,” Miller said. “That means I’m doing something right.”  It should be noted that even if the punishment does not stop a person from becoming a repeat offender, it can save taxpayers money by not putting someone in jail. In addition, it sends the public a message.  Landau would like to see more public punishments, especially as people think they can commit crimes, pay the fines and have none of their friends, neighbors or employers find out.

Post-exam Virginia Tech "Beer Pong" game leads to fight, skull surgeries, head injury lawsuit and this month's Virginia Supreme Court decision

After finishing final exams at Virginia Tech, Adam Copp was celebrating and playing beer pong with one of his roommates at a Blacksburg apartment.  Two strangers joined the game and one of them, Carson Dugger, said something to offend Copp.  The young men then got into a shouting match that turned physical when Dugger’s friends came on the scene.  Copp found himself with four or five people between him and Dugger.  Copp swung his arm and struck one of Dugger’s friends, Gregory Jacobson.  Copp said he was just trying to get free from the group.  Jacobson accused Copp of throwing punches and hitting him intentionally.  Jacobson, the plaintiff in this case, was badly injured. Two surgeries were required to repair his fractured skull.  Jacobson brought a lawsuit as the result of his severe and permanent head injuries against Copp for assault and battery, alleging intentional injury.

The Supreme Court of Virginia has just handed down a decision ruling that an insurance company owes a defense for the Virginia Tech student who was sued over injuries he caused in this fight.  Nationwide Insurance had a duty to defend (more…)

Police officers have dangerous jobs, and injuries in the “line of duty” are not unusual.  Doug Landau has represented law enforcement officers injured in the course of their employment.  Injuries from running the wrong way down an escalator, slipping on ice and being struck while writing a ticket are all cases that Alexandria and Fairfax Bar association member Landau has had experience with over the last 25 years.  A case that has recently come to the Herndon workplace injury lawyer’s attention involved a car crash that injured an Augusta County police officer.

plaintiff and his partner commenced a traffic stop of a suspected drunk driver. Plaintiff noticed a gun in the vehicle and ordered the driver out of the car, but the driver fled in the vehicle. Plaintiff pursued the suspect in his patrol car and was struck by an oncoming SUV driven by Defendant.  Plaintiff was unconscious for two days following the crash.  Plaintiff police officer alleged defendant was negligent in failing to use extra caution when approaching a police vehicle with its emergency lights activated.  Defendant stipulated to the amount of medicals and lost wages claimed by plaintiff, but asserted that plaintiff was contributorily negligent in causing the accident.  If successful, the contributory negligence defense precludes ANY recovery by an injured plaintiff.

The plaintiff alleged a closed head injury resulting in loss of consciousness for two days with no permanent cognitive deficits. Plaintiff also sustained a complete tear of the anterior and posterior cruciate ligaments, as well as the medial collateral ligament, of the right knee and a torn meniscus, all of which required surgery. A second arthroscopic surgery was needed when plaintiff was unable to bend his knee after the first surgery. Plaintiff also suffered a 4 cm head laceration and lacerations to his hands. Plaintiff claimed some disability, but was able to return to work with numbness in his knee and some scarring.  A bench trial (in front of a judge with no jury) resulted in an award of $450,000 in favor of the injured Plaintiff police officer.

“PICC” (or “PIC line”) is a form of intravenous (”IV”) access that can be used for a prolonged period of time (i.e., extended antibiotic therapy).  However, what most people don’t know is that these lines can also cause significant damage to nerves if not inserted and removed properly.

Warrenton and Fauquier County dog attack injury lawyer Doug Landau has recently been consulted in a case involving precisely this type of damage.  A Warrenton Virginia area client was attacked by dogs when he arrived at a residence to do repair work.  The trained attack dogs came at him without provocation, and he was bitten in his dominant hand.  The would became septic, and the injured worker was admitted to the Fauquier Hospital for treatment and IV antibiotic therapy.  The infection was treated, but when the PICC line was removed, he had tingling, weakness and pain in his upper extremity on the non-dominant side.    This has left the client with bouts of pain, loss of feeling at different points and an inability to get a full night’s restful sleep.  He also cannot make a tight grip or oppose fingers as he had been accustomed prior to the attack and he workers compensation insurance company is withholding benefits and authorization for further medical care.

Any person suffering similar symptoms should immediately contact a doctor.  They should also document all of their symptoms and communicate these to their doctor and other health care providers.  The longer a patient waits to address these symptoms the greater the risk of permanent injury.  If you or someone you know has been injured in an on the job accident or dog attack and would like our assistance, please e-mail us at ABRAMS LANDAU, Ltd., or call 703-796-9555 today.

One of the most terrifying experiences is  being chased by a pit bull, or several pit bulls.  These vicious dogs are often trained to attack and cause permanent disabling injury.  As a child, dog bite injury lawyer Doug Landau was warned by his neighbors that their pit bulls were bred by the Romans to fight lions in the coliseum, and that their strong jaws and teeth could rip into the jugular veins of their enemies.   As an adult, the Chantilly canine attack lawyer saw firsthand how devastating dog bite injuries can be to his clients and friends.  The staff at ABRAMS LANDAU has seen how the emotional scarring can last long after the physical wounds have healed.  How does one safely avoid the deep, penetrating wounds that often result from a put bull and other large dog attacks ?

According to Daniel Estep of the The National Animal Control Association’s training academy,

• “If the dog is 50 yards away and starts after you, if you can escape somewhere – inside a building. or on top of your car, or jump a fence – then that’s probably the best thing to do.  If the dog iis closer than that, then that’s not a good idea.  In a footrace, you’re going to lose.  The January Esquire Magazine piece continues,

• If the attack is imminent, try to shove something in its mouth, hopefully not a body part.
• If you’ve got a briefcase or clipboard or even a coat, shove that at the dog.  Most of the time, dogs are going to bite the first thing they get their teeth around.  And then you can try to walk your way out of the situation.
• If that’s not possible, feed him your nondominant arm.  Arm, not hand.  And let him grab onto that and try to get yourself out of the situation.  The last thing you want to have happen is to be taken off your feet, because then it’s much more difficult to protect yourself from serious injuries.
• If you get brought down, the best advice is to curl up into a ball and try to protect your belly and chest area.  Cover your neck with your hands and loop your arm around so that it covers your face.  When people roll up into this position and don’t move, oftentimes the dogs lose interest.”

If you or someone you know has been injured in pit bull or other dog or animal attack, please e-mail us at ABRAMS LANDAU, Ltd., or call 703-796-9555 today.

Herndon Reston area injury lawyer Doug Landau is often asked, “What is a premises liability case ?”

Premises Liability Lawyer Doug Landau under Dallas International Airport artwork

The author of several hundred pages of the best-selling Lexis Nexis 3 volume set, “Premises Liability: Practice and Procedure,” explains that when a building’s design, upkeep or use causes injury, the injured victim can bring a premises liability claim for their injuries and losses.  This is true whether it is a slip and fall, falling roof shingles, loose steps, tripping cases and even faulty doors, elevators and escalators.  Premises liability is the liability for a landowner or property management company for certain torts that occur on the real property.  In many states, a judge will give the jury an instruction at the end of the case, when all the evidence has been submitted for their consideration, that goes something like this:

• a landowner has a duty to exercise reasonable care for the safety of persons reasonably expected to be on the premises, and that duty includes an obligation to protect against the risks of a dangerous condition existing on the premises, provided the landowner knows of, or by the exercise of reasonable care would have discovered, the dangerous condition.

If the landowner or occupier created the dangerous condition or let it exist for a sufficiently long time, they may be liable to the injured person for the damages caused by their negligence.  If you or someone you know has been injured in a slip and fall, trip and fall or other accident caused by a dangerous building or structure, e-mail us at ABRAMS LANDAU, Ltd., or call 703-796-9555 today.

“While there are caps on damages that a disabled victim can receive in many jurisdictions, there are no limits to how much money an expert witness can make,” according to Loudoun and Fairfax injury lawyer Doug Landau of ABRAMS LANDAU, Ltd.  In today’s Washington Post there is an interesting article about what, caused a 4-month-old’s brain hemorrhage.  According to the Post, the debate over whether “shaken baby syndrome” exists has erupted into a national battle of the experts. According to the newspaper, in the story “Shaken baby syndrome itself is put on trial in Fairfax court:”

Georgetown University neurosurgeon Ronald Uscinski said brain scans showed that the infant’s bleeding continued long after he had been hospitalized, when no trauma was occurring, and “this condition was not caused by shaking.”   Uscinski said he had testified more than 100 times in shaken baby cases, always for the defense. “I’ve never been contacted by the prosecution,” he said. Last year, he estimated he made about $200,000 in testifying and consulting fees. He said there were numerous explanations for bleeding in an infant’s brain that were unrelated to shaking, especially with no marks or trauma on a child’s neck, arms or body.

This money is in addition to his practice at Georgetown, and any earnings he may have for lecturing, writing, teaching, etc.  There are other doctors in the DC metro area who make six-figure income just from their court testimony and preparation.  So, “if you do not think this is an important part of a physician’s income, you are sorely mistaken,” adds experienced personal injury and workers compensation lawyer Doug Landau.

At ABRAMS LANDAU, we have been contacted by car crash and dog attack victims many months after their injuries.  We sadly find out that the 911 tapes and other recordings that support their personal injury claims have been destroyed or recorded over.  Our office sends out letters requesting copies of the tapes, films and other media so that our clients will have this valuable evidence.  There are even cases that are brought for “spoliation” – where a Defendant has purposefully destroyed evidence that it knows has been requested in connection with an injury case.  Bottom line, according to New Jersey dog attack and car crash lawyer Doug Landau is to make sure the evidence is preserved and to seek qualified, experienced legal counsel immediately, BEFORE valuable evidence is destroyed, lost or recorded over.

Garden State injury lawyer Landau is often asked if the police and other law enforcement authorities can destroy, tape over or otherwise dispose of video, audio and other recordings.  The short answer is “yes.”  Just this week, the New Jersey Appellate Division ruled in a case where the police legally destroyed the police cruiser videotape.  In State v. Mustaro, the court denied a DWI defendant’s attempt to withdraw his guilty plea, on the basis that he had been deprived of potentially exculpatory evidence in the form of a police car videotape which would have proved he was not operating his vehicle at the time of his motor vehicle stop.  The police had destroyed the videotape as a matter of routine after the defendant’s initial plea of guilty. In analyzing the factors required under New Jersey law, the Court ruled that the lack of bad faith by the police in destroying the video, coupled with the speculative nature of the defendant’s claim of what was shown the video did not satisfy the test for withdrawal of a guilty plea.    If you, or someone you know, has been injured in an accident where there may be a 911 call, video tape, audio recording, computer e-mail, tape recording or other audio or video evidence, please e-mail or call us at ABRAMS LANDAU (703-796-9555)

Just because you were hurt at work, WHILE WORKING, and through not fault of your own, does NOT mean you win and get awarded the money you deserve.

In a recent Virginia Court of Appeals decision, the court ruled that the innocent worker’s medical bills, lost wages and permanent injury were not covered by his employer’s workers comp insurance.

A male waiter entered the kitchen of the restaurant where he worked and began to input meal orders into a computer. Three co-workers threw ice at the waiter. He turned around when a piece of ice hit him in the back of his head. He was continually hit in the head and chest as he faced forward. He threw his left arm up to block the ice and his left shoulder dislocated. He suffered an injury and underwent surgery, as a result of the incident.

But even more shocking than the facts of the case is the final court decision, which favored with the employer, who argued, “there was no casual connection between the injury and the conditions under which the employer required the work to be done”.  The case [Link] underscores the importance of getting competent, experienced legal assistance, since the Workers Comp law does NOT cover every single workplace injury or accident.  At ABRAMS LANDAU, Ltd., we have been helping injured workers and their families for generations.  Let us help you and your loved ones. Contact us by phone at (703) 796-9555

In researching the Moore v. Bertuzzi case, Loudoun, Leesburg and Fairfax injury lawyer came across a Virginia workers comp case involving a professional hockey player. In the case of the Norfolk Admirals vs. Ty Jones, the Court of Appeals held that a pro hockey player did not engage in deliberate misconduct when he was told to go in and “get” a player on the other team. He dutifully entered the game, got into a fight with the other player, and came away with a debilitating shoulder injury. He filed a comp claim against the team (the Norfolk Admirals). The team defended on the basis that he deliberately got into a fight. The player responded, “But that’s what the coach told me to do.” The Virginia Court of Appeals ruled that he was entitled to the benefits, since he was following the employer’s directives.

My friend (and preeminent Appellate lawyer) Steve Emmert was interviewed about the case and told the AP “The court finds that fighting is an integral part of hockey. Thirty million Canadians could have told you that.” While the Virginia Court’s opinion is unpublished, you may contact ABRAMS LANDAU for a copy.